GAURI SAHU Vs. BHUPENDRA KUMAR SAHU

JUDGEMENT

(1.) Instant revision has been preferred by the applicants against rejection of maintenance application filed under Section 125, Cr.P.C.

(2.) The applicants herein filed an application under Section 125, Cr.P.C. stating inter alia that non-applicant has forcefully committed sexual intercourse with her and on account of that, she became pregnant and gave birth to a male child i.e. applicant No.2 on 15.02.2005. It is further alleged that offence under Sections 376 and 506 (II), IPC was also registered against the non-applicant and the non-applicant was prosecuted for the aforesaid offences. It is further alleged that thereafter the non-applicant has married with her but refused to maintain as applicants have sufficient means to maintain themselves, and as such, they are entitled for maintenance of Rs. 2000/- and 1000/-respectively from the non-applicant.

(3.) Non-applicant replied the said application and denied the factum of marriage with applicant No. 1 as well as paternity of applicant No.2.